Shri Ganpat Kaluram Sutar v. Shri Dashrath Pandurang Sutar And ORS

51 ao1275-13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.1275 OF 2013 WITH CIVIL APPLICATION NO.1524 OF 2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.R.S.Apte, Sr.Counsel i/b Mr.S.C.Wakankar for the appellant None for the respondent

CORAM

: K.K.TATED, J.

DATED : 27/07/2015 PC:

Heard the learned Senior counsel for the appellant.

Though respondents are served, no one appeared on behalf of them when the matter was called out.

This Appeal from Order is preferred by plaintiff challenging the order dated 28.10.2013 passed by Trial Court in rejecting plaintiff's application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1908 for grant of temporary and mandatory injunctions restraining defendants from causing obstruction and closing the access road and from obstructing easementary rights of Mohite 1/2

51 ao1275-13.doc the plaintiff over the suit property.

Without going into the merits of the matter, by consent of the learned Senior Counsel for the appellant, following order is passed:

a) Appellant is permitted to withdraw Appeal from Order as well as Civil Application.

b) Same are dismissed as withdrawn.

c) Hearing of Special Civil Suit No. 495 of 2013 is expedited.

d) This court expects from the Trial Court to decide Special Civil Suit No. 495 of 2013 as early as possible but in any case on or before 31.3.2016 without influencing the earlier order dated 28.10.2013 below Exhibit 5 & Exhibit 30.

(K.K.TATED, J.) Mohite 2/2